Sustainability in raw material extraction

The Federal Government presented the first national sustainability strategy in 2002 and has updated it every four years since 2004.¹ In the update of the German Sustainable Development Strategy (DNS) for 2021, the Federal Government emphasises that “the promotion of sustainable development is the fundamental goal and benchmark of government action” in order to “meet the needs of present and future generations – in Germany and in all parts of the world – and to enable them to lead a life in full development of their dignity”. The goal is a progressive, innovative, open and liveable Germany that lives up to its international responsibilities and is characterised by a high quality of life, effective environmental protection and inclusive and integrative policymaking.^{2 3}

The new edition of the German Sustainability Strategy in 2016 was aligned with the United Nations 2030 Agenda adopted in 2015 and its 17 Sustainable Development Goals (SDGs), for which specific implementation measures were defined.

These were further developed with the DNS 2021, with the 17 sustainability goals serving Germany as a “compass (…) for all policy areas”⁴ and thus also for the extraction of natural resources. One goal of DNS 2021 is to “use resources sparingly and efficiently” and to increase Germany’s overall raw material productivity.⁵ The aim is to return to the trend of the years 2000 to 2010 (annual increase of 1.6%) by 2030. According to the Federal Statistical Office (Destatis), total raw material productivity increased by 9 percentage points from 2010 to 2018 (0.9% per year), which is below the target path.⁶ As in many other market economies, a relative decoupling of economic growth and the use of natural resources⁷ can be observed in Germany, but not to the extent desired in terms of environmental and climate protection.

An update of the German Sustainable Development Strategy is planned by the end of 2024, involving relevant stakeholders and citizens.⁸ The dialogue presented for this purpose is structured thematically along “transformation areas” and “levers”; from a raw materials perspective, the transformation area “circular economy” is of particular relevance. The target contained in the 2021 Sustainability Strategy (DNS) for a further increase in total raw material productivity in the trend 2000-2010 (indicator 8.1) is expected to be adopted in the 2024 DNS.

The German Sustainability Strategy is based on a holistic, integrative approach: Sustainable solutions can only be achieved in the long term if the interactions between the three dimensions of sustainability – ecology, economy and social issues – are taken into account. The strategy aims to achieve economically efficient, socially equitable and ecologically sustainable development, with the planetary boundaries of our planet and the goal of a life in dignity for all as the absolute guidelines for policy decisions. This also applies to the various value chains in the extractive industries.⁹

For the natural resources sector, the goal of the German Sustainable Development Strategy was reaffirmed in the natural resources strategy¹⁰ adopted by the Federal Government in January 2020 and in the key points¹¹ presented by the Federal Ministry for Economic Affairs and Climate Action in January 2023 to further concretise the strategy. Germany is one of the world’s leading technology locations and, as an exporting nation, depends on a reliable supply of natural resources. Against the backdrop of the climate goals of the Paris Agreement and the associated double transformation of energy transition and digitalisation, primary resource consumption in Germany is even expected to increase in the coming years (see Effects of the energy transition and Supply security). This entails a responsibility to promote the efficient and sustainable use of natural resources in a manner that is environmentally and socially responsible. The German government has therefore set itself the goal of reducing the consumption of primary natural resources and closing material cycles. To achieve these goals, the circular economy will be significantly strengthened as a pillar of the natural resources strategy and a national circular economy strategy will be developed by 2024. Both strategies should be closely interlinked (see Circular economy).

The chapters Managing human intervention in nature and landscape; Environmental protection, renaturation, recultivation; Employment and social affairs and Circular economy, in particular recycling, highlight some important contributions regarding the three dimensions of sustainability ecology, economy and social issues; in addition, reference is made to various sustainability reports by public, civil society and private actors.

The chapter Managing human intervention in nature and landscape explains the legal framework in Germany with regard to human interventions in nature and landscape due to natural resources extraction in Germany. It also contains information on compensatory measures and payments, provisions and implementation securities from extractive companies for the restoration/rehabilitation of former mining areas and water abstraction fees.

The chapter Environmental protection, renaturation, recultivation additionally describes for the various extractive sectors which aspects are important for the rehabilitation of former mining regions and areas in Germany and which legal principles apply in this respect.

The chapter Employment and social affairs covers the area of employment and the legal provisions for the social protection of employees in the extractive industries in Germany. The diversity and equal opportunities section focuses on gender equality. The importance of co-determination and cooperation between employee representatives and employers as part of the German social partnership is discussed. Information is also provided on measures to mitigate the loss of jobs resulting from the end of the extraction and use of fossil fuels for electricity generation.

The “Corporate responsibility” section includes references to areas such as private sector initiatives for greater sustainability and appropriate collaborative agreements with civil society. In addition, the current legal situation regarding sustainability reporting is presented.

The chapter Circular economy, in particular recycling examines the status of Germany’s efforts to use resources efficiently and economically. As Germany is highly dependent on imports of natural resources, this is an area with great potential for innovation.

¹ Federal Government (2021): German Sustainability Strategy. Update 2021. URL: https://www.bundesregierung.de/resource/blob/998194/ 1875176/3d3b15cd92d0261e7a0bcdc8f43b7839/deutsche-nachhaltigkeitsstrategie-2021-langfassung-download-bpa-data.pdf p. 15 (accessed 11 September 2023).

² Ibid p. 14 et seq.

³ Ibid p. 225

⁴ German Ministry for Economic Affairs and Climate Action (2021). Sector Programme Extractives and Development: Agenda 2030 –Sustainable Development Goals. URL: https://rue.bmz.de/ (accessed 3 January 2024).

⁵ In order to reduce the sometimes massive environmental impact associated with the consumption of raw materials, natural resources should be used as efficiently as possible. This is measured by means of the total raw material productivity. In order to determine this productivity, the performance of an economy (especially the production of goods) is related to the consumption of raw materials. Natural resources that were needed for the production of the imported goods are also included.

⁶ Destatis (2022): Sustainable development in Germany – Indicator Report 2022 (p. 68, 69). URL: https://www.destatis.de/DE/Themen/Gesellschaft-Umwelt/Nachhaltigkeitsindikatoren/Publikationen/_publikationen-innen-nachhaltigkeit-indikatorenbericht.html (accessed 2 September 2024).

⁷ We speak of relative decoupling when the gross domestic product (GDP), i.e. the production of goods and the provision of services, is increased and the resulting resource consumption and emissions do not increase to the same extent. In order to comply with the planetary boundaries, a rapid global absolute decoupling would be required, i.e. a decrease in energy and resource consumption, even if the GDP increases.

⁸ Federal Government (2024): The Federal Government is updating the German Sustainability Strategy.URL: https://www.bundesregierung.de/breg-de/themen/nachhaltigkeitspolitik/nachhaltigkeitsstrategie-1124112 (accessed 2 September 2024).

⁹ Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV) (2024). German Sustainability Strategy. URL:https://www.bmuv.de/themen/nachhaltigkeit/strategie-und-umsetzung/nachhaltigkeitsstrategie (accessed 2 September 2024).

¹⁰ Federal Government (2020): Natural Resources Strategy of the German government. Sicherung einer nachhaltigen Rohstoffversorgung Deutschlands mit nichtenergetischen mineralischen Rohstoffen (Securing a sustainable supply of non-energy mineral resources for Germany). URL: https://www.bmwk.de/Redaktion/DE/Publikationen/Industrie/rohstoffstrategie-der-bundesregierung.pdf?  blob=publicationFile&v=4 (accessed 11 September 2024).

¹¹ German Federal Ministry for Economic Affairs and Climate Action (2023). Eckpunktepapier Wege zu einer nachhaltigen und resilienten Rohstoffversorgung (Key issues: Pathways to a sustainable and resilient resource supply) URL: https://www.bmwk.de/Redaktion/DE/Downloads/E/eckpunktepapier-nachhaltige-und-resiliente-rohstoffversorgung.html (accessed 11 September 2024).